Judgment[1994] KECA 78
Case law
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Division and case type: CivilCivil Appeal
…It would perhaps have been more appropriate if an application had been made under section 9 or 12 of the Arbitration Act, to replace an arbitrator who had refused to act.…
…Furthermore, the Arbitration Act which governs arbitration proceedings, contains provisions which are relevant to the dispute between the parties.…
Division and case type: CivilCivil Appeal
…The Judge overruled the objection because he found as a fact that the appellant had not complied with the mandatory provisions of section 6 of the Arbitration Act (Cap 49).…
…Section 6(1)(a) of the Arbitration Act (Cap 49) (the Act) provides that - "6(1) If a party to an arbitration agreement or a person claiming through or under him, commences any legal proceedings in any court against any other…
Division and case type: CivilCivil Appeal
…The defendant entered appearance and before taking any other steps in the proceedings, it applied for stay of all further proceedings pursuant to Section 6(1) of the Arbitration Act.…
…He specifically pointed out that Section 6 (1) of the Arbitration Act gives the court discretion to order stay of proceedings where no sufficient reason is shown why such order should not be made.…